103 WASHINGTON DEPARTMENT OF HEALTH . MEDICAL QUALITY ASSURANCE COMMISSION PO Box 47366, Olym fa, WA 98504-7866 August 14, 012 David M. I-leirnbach. M.-D. Re: Our case file -h Dear Dr. Heimbach: As you are aware, the Medical Quality Assurance Commission is reviewing the complaint concerning the newspaper articles that were written accusing you for fabricating a burn patient when you testified before California lawmakers in support of the use of flame retardants. The I case file has been returned for further investigation. The Washington State Medical Quality Assurance Commission is requesting that you provide the following information: 1. When did you begin your consulting relationship with Citizens" for Fire Safety?' 2. What has your revenue been from Citizens. for Fire Safety, by year (excluding travel and other expense reimbursements)? . - . 3. Have you testified before legislatures or rule makers prior to 2011? 4. On the first page of the statement you sent on June l3, 2012, you mention a patient that you saw with severe flame burns to the upper body and none to the lower body. The Medical Commission is requesting that you provide the patient's full name, date of birth, dates of service, and the name of hospital where the patient was treated. The Washington State Medical Quality Assurance Commission is the entity within State government with legislated authority and responsibility to assure the delivery of safe medical care. Underprovisions of RCW l8.l30.05_0, the Washington State Medical Quality "Assurance Commission is empowered to investigate all allegations and complaints to determine whether such allegations are substantiated and to take "disciplinary or corrective action, if warranted. Under provision of RCW 18.l30.l80(8) and WAC 246-919-"620, a health care provider shall cooperate by providing -a firll and complete explanation covering the matter under investigation. The Health Care Information Act, RCW requires that a health" care provider disclose "health care information about a patient without patient authorization when that information is needed to determine compliance with state licensure rules or laws. Additionally, the Washington State Medical Quality Assurance Commission is a "health oversight agency" as defined under HIPAA, 42 CFR Section 164.501. Therefore, covered entities do not need to see consent or authorization from the patient to 'release medical records "to the Washington State Department of Health/Medical Quality Assurance Cornmission. 2 2 M20 1 2 MBACH, DAVID PAGE 1 1|7..Eo.1< i' ll ill |i II ill David M. Heimbach; MD. 'August 14, 2012 104 Page two Your reply is requested fourteen (14) davs following Vourreceipt of tlzzis letter; Please mail your response to: Bonita James, HCI 3, DOH, MQAC, Medical Investigations Unit, PO Box . 47866,. Olympia, Washington 98504-7866. If you neednto contact me, I can be reached at (360) 23 or by fax at'(360) 586-4573. Sincerely, Bonita James Health Care Investigator 3 He: lohn D. Harwell, Attorney EH EH35 105. David M. I-Ieimboch,MD1, mos a; see a 359' it to: DEEAHTMENT or MEDICAL Email August 30, 2012 Bonita Jones Medical Quality Assurance Commission Box 47886 Olympia, WA 98504-7866 Dear Ms. Jones and Commission Members: This is written in response to your letter of August 14, 2012'. You have my Curriculum Vita, my response to the Chicago Tribune article (which was copied by the Seattle Times), and a- letter from a prominent HIPAA attorney on my behalf. You asked mefour questioner I I I 1. When did I begin consulting for Citizens for Fire Safety institute? In 2009 after I realized that Wash-ing_ton State had passed a bill banning tire retard-ants without ever asking for any medical input, I becarne aware of the Citizens for Fire Safety Institute, a non profit organization involved in fire prevention and tire safety. After discussion I agreed to consult with them about burn injuries at the end of 2009. Since that time my main responsibilities have been as. a liaison with the Burn Care community. I have introduced their members to prominent burn leaders, and met with them. Primarily I have arranged educational sessions and receptions at major Burn meetings twice in Hawaii, in Chicago, in Seattle, "and in The Hague in Netherlands, with plans for a meeting in Edinburgh. I have reviewed the scientific' literature regarding the risks and benefits of many fire retardants, and provided guidance to them regarding burn care. When notified of hearings in legislatures in the West regarding fire safety I volunteered to attend them and comment when appropriate. 2, What has been my revenue? . The organization has paid for my time and expertise without any formal agreement, and most certainly not specifically for testifying other than frommy own expertise. I received $120,000 in 2010 (half of the year I was halftime at. the University of Washington) and $120,000 in 2011. (half of the year Iwas half time at the University and the second half year I was retired' from the University). It is my understanding that this income is not dissimilar from that of other medical consultants from pharmaceutical and instrument companies. . - - 3. Have I testified to any other legislatures? M2012-1222 - I commented to a subcommittee of the House of Representatives of Caiifornia in 2010, and again in 2011, similarly to a subcommittee of Washington representatives in-2011, and once more to a subcommittee of Alaska representatives by telephone. - i . Provide patient name, date of birth, dates of treatment, and hospital. Because of the pubiicity,the University has sequestered the patients hospital . record. so details are not available to me. The patients full name is . 'She was six weeks old when she was treated in the Harborview Burn Center in May of 2009. This should be enough for the hospital to provide the chart to you, if you want it. I trust this infonnation will be useful to you in your deliberations. In 43 years of medical practice, I have never been sued or subject to any reprimand. For you consideration, also include a letter, signed by 56 prominent medical/surgical practitioners. Hoping your decision will be a positive one, l. remain Sincerely, 'bani VCDF-rlcs David M. Heimbach, MD, FACS u2d1241222 201 1 -- 4 -107 Roger E. Salisbury, M.D., 45 Eastern Point, Road, Gloucester, MA 01930. - August 15, 2012 Dr. David Heimbach has a 40 year history of saving lives and deserves to behonored forhis outstanding contributions in the field of burn care, education and research. He is entirely devoted to the victims and survivors of fire. He has been an ally to children with little chance of survival, a mentor to other burn doctors faced with the challenges of an extremely intense vocation, and a ray of hope to the families of burn sufferers. It's not often that you find" an individual so selfless in his commitment to helping others, particularly the victims of suchhorrific injuries. Dr. Hei-mbach serves as an inspiration to us all. "Dr. _Heim'bach's contributions to the field have played a significant role in education, training and research, and he has been -a highly influential physician in the field of burn treatment," says Jane Boswick-Caffrey, Chairman of the International Burn Foundation - . During his 25 years as Director of the University of Washington Burn Center at Harborview Medical Center, Dr. Heimbach developed new techniques to treat burn victims, helping to more than double survival rates. At the beginning of his career, when treating soldiers burned in the Vietnam War, the idea of cutting off burns as soon as possible to prevent infections was not widely accepted. However, -Dr. Heimbach was one of the first proponents of early burn wound excision and his revolutionary advancement is new standard care for burn patients. Not only is Dr. Heimbach a leader in reducing mortality" rates, he is also concerned with his patients quality of life as a survivor. When. the artificial skin, lntegra, was first developed in the 1980's, Dr. Heimbach became the principal investigator in a nationwide clinical trial. Of the 131 patients lntegra was tested on, 38 were under his care at Harborview; Since lntegra's FDA approval in 1996, Dr. Heimbach has treated -about 100 patients with the artificial skin and their quality of life upon returning home -has been enormously improved as a result. Throu.ghout his career Dr. Heir-nbach has been dedicated to improving the organizati-on and delivery of burn care. To that end, he served as a consultant to the government of Bhutan to develop a regional burn center and he played a dominant role in the Verification of Burn Centers inthe United States. Dr. Heimbach's leadership in the world of burn care has been confirmed by his appointments to the Shiner's Hospitals for Children Burns Medical Advisory Board, the National Research Council Committee to advise the American Red Cross, his presidency of the American Burn Association, and his presidency of the international Society for Burn" Injuries. in National recognition he 1 From the IBF announcement of the Tanner-Vandeput-Boswick Burn Prize, 2010: wsn/page5.htmi M2012-1222 108. Roger E. Salisbury, M.D., F.A.L.J. 45 Eastern Point Road, Gloucester, MA 01930 has served Director of th_e American Board of Surgery for eight years, as a 2-terrn - Governor of the American College of surgeons, and Chair of several committees. "As a mentor Dr. Heimbach supervised thematuration of 30_research and clinical fellows, 19 _of whom presently serve as director or staff members of Burn Centers. in i the United States and three other countries. In 2002 he relinquished his title as director of the burn center, but_remained. an active Burn Attending Surgeon until July of 201 1. In 2009, the Dalai Lama presented "him with an award for his pioneering care of burn victims. He is also the 2010 recipient of the Tanner--Vanderput--Boswick (TVB) Burn Prize, awarded by the IBF. He was the fourth American surgeon to win this prestigious prize given every four years. Dr. Heimbach is universally respected in' the burn community and I applaud his life's work. 2 Sincerely, Roger E. Salisbury, M.D., F.A.C.S. Emeritus Professor of Surgery, New York Medical College, Emeritus Director of the Burn Center 2 A - Keith Judkins, MD, Former Chairman (1994-9) of the Eirit.ish Burn Association and organizer of the 2012 'lSBl Congress - Bruce Davey. MD Director Burn Center Adelaide, Australia Robert Condon MD MSG FACS Retired Chair of 'Surgery Nicholas Meyer, MD, FACS, A Director U. Missouri Burn Center Richard M. Satava, MD FACS, Professor of Surgery' Univ Washington Medical Center Professor Andrew Burd. FHKAM, Chief of Division of Plastic, Reconstructive and Aesthetic' Surgery, Chinese University of A Hong Kong . .- . A David Greenhalgh I M2012-1222 mm Roger E. Salisbury, M.D., 45 Eastern Point Road, Gloucester, MA 01930 Director Shrine Hospital Sacramento, CA Professor of Surgery U.C. Davis Hajime Matsumura, MD, FACS, Professor, Department of Plastic Surgery and Burn Unit, Tokyo Medical University Maher M. Anous, Beverly Hills Physicians Nathan Kemalyann Director Burn Center Emanual Hospital, Portland OR H. David Root, FACS Past Chair Department of Surgery U. Texas, San Antonio Mary Lou Patton, MD Associate Director Bu rn Center Crozier Chester_Hospita| Crozier, PA - Alan R. Dimick, MD. A Past President American Burn Association Emeritus Professor U.. Alabama Glenn D. Warden, MD, MBA, Past President American Burn Association Professor and Vice Chairman, Department of Surgery, Robert C. Health -Science Center Barry Press, FACS, Adjunct Clinical Professor of Surgery (Plastic and Reconstructive), Stanford University School of Medicine, Former Medical Director, Burn Center at Santa Clara.Va_lley Medical Center (1987-1995) 'Lawrence J. Gottlieb, MD, FACS, Professor of Surgery, Director. of Burn Complex Wound Center, Director of Reconstructive Microsurgery Fellowship, Section of Plastic and "Reconstructive Surgery', The University of Chicago Medicine Biological Sciences Abe Bergman, MD. Emeritus "Professor of Pediatrics U. Washington, Seattle I . if HEIM ACH, VI 434 PAGE 7% Roger E. Salisbury, M.D., 45 Eastern Point Road, Gloucester, MA 01930 Charles W. Van Way Professor of surgery. - Director UMKC Shock Trauma Research Center. Missouri Debra Ann Reilly, MD, FACS, - Plastic and Reconstructive Surgery, Medical Directo-r_Burn and Wound Center Nebraska Medical Center, Omaha Nebraska Donald Trunkey, MD - Past Chair Department of Surgery University of Oregon Paul Silverstein Director Burn. Center Oklahoma City, OK Edwin Deitch Chair Dep-artrnent of Surgery New Jersey Medical School Newark, NJ - Patrick 'O'Leary, MD Chair Department of Surgery Louisiana State University, New Orleans, LA Michel H.E. Hermans, M.D. Owner Hermans Consulting and Medical Device Philadelphia, PA Kevin Foster Director Burn Center University of Arizona Phoenix, AZ John Phillips MD Chief surgical Group Tulsa, OK Jack Pickleman, MD, 110 M2012-1222 Roger E. Salisbury, 45 Eastern Point Road, Gloucester, MA 01930 former lgini Professor and Chief, Division of General Surgery, Loyola University Stritch School of Medicine . - Chicago, - James O'Neill Past Chair of Surgery Vanderbuilt University Nashville, Boyd E. Terry, M.D., Emeritus Professor of Surgery, University of Missouri Ward.Griffen, M.D. Former Chair of Surgery University of Kentucky Lexington, KY Michael Peck, Treasurer American Burn Association Professor Surgery U. Arizona Daniel M. Caruso, MD, FACS, Director Arizona' Bu rn Center Phoenix, AZ Dr. Alberto N. Bolgiani, Presidents-de Felaq 2011-2013 (Federaction Latinoamericana de quemaduras), Medico especialista en quemados jefe de equipo de C.E.P.A.Q. de la Funda-cion Benaim en el Hospital Aleman de Buenos Aires 1 Anthony A. Meyer Chair of Surgery' University of North Carolina Carol Cassella, MD Associate Professor Anesthesia U. Washington, Seattle Carlos Blanco; MD Director Research Still Burn Center Augusta, GA. 1111 Iv2.o12--12221 Roger E. ?alisbury,. M.D., 45 Eastern Point Road, Gloucester, MA 01930 "Arthur M. Kahn, MD, FACS, Clinical Professor of Surgery, University of California School of Medicine Sarvesh Logsettyl MD, FR-CSC, FACS, Director of Manitoba Firefighters Burn Unit, Associate Professor, Department of Surgery and Children's Health University of Manitoba - Margrit 'Elliot. 'President, Global Burn Care and Reconstructive Institute (GBCRI) Roberta Mann MD FACS Surgeon Past Burn Fellow of Dr. Heirnbach David Mozingo, MD Professor Critical Care Surgery U. Florida, Gainsville FL Stanley Dudrick, MD Father of Parenteral Nutrition Nick Vedder - Chairman Plastic Surgery_ University of Washington 1 M. Michael Shabot, Director Critical Care UCLA Hospital- David Surgeon, Seattle Hugh M. Foy, MD, . Associate Dean of Students Professor of Surgery, University of Washington David Harrington, MD, FACS, Director, Rhode Island Burn Center at Rhode -island Hospital, Associate Professorof Surgery, Alpert Medical School at Brown University 112 118 M2012-12-22 Roger E. Salisbury, M.D., 45 Eastern Point Road, Gl'ouceste'r, MA 01930 David. Hemdon_MD Director Shrine Burn Hospital Galveston, Texas Past President American Burn Association President International Society for Burn Injury' AE van der Merwe, Tygerberg Burn unit, Tygerberg Hospital. Cape Town, South Africa- Petra Warner, MD Associate Professor Surgery Universit-y of Cincinnati i Assoc.Prof. Jan Department Head, Teaching Departmentof Burns and Reconstructive Surgery, Comenius University Medical Faculty, University Hospital Bratislava, Ruzinov Hospital, Bratislava, Slovakia David Patterson, ABPP, Professor, Rehabilitation Medicine, Box 359612, University of Washington School of Medicine James LoGerfo, MD Former Medical Director Harborview Medical Center, Seattle Richard. Kagan, MD Past President American Bum Association Joel Fish, MD Director Burn Center Hospital -for Sick Children Toronto, Canada John Griswold, MD Professor and Chair -Department of Surgery Texas Tech University lrshad Ghaudryr Professor Surgery University Alabama Medical Center Jan Koller, M.D., Department Head Burns and Reconstructive Surgery - University Hospital Bratislava Slovakia 114 Roger E. Salisbury, M.D., 45 Eastern Pointaoad, Gloucester, MA 01930 Richard -Saba, MD, FACS Past President American College of Surgeons Heimbach, Aug. 14, 2012 investigator's letter and Heimbach response_pdf-r.pdf redacted on: Thursday, March 13, 2014 Redaction Summary ( 4 redactions ) 2 Privilege / Exemption reasons used: 1 -- "DOH Licensee Health Professional Home Address and/or Phone - RCW 42.56.350(2)" ( 2 instances ) 2 -- "Healthcare Information Readily Identifiable to a Person - RCW 42.56.360(2), RCW 70.02.020(1), RCW 42.56.070(1)" ( 2 instances ) Redacted pages: Page 1, DOH Licensee Health Professional Home Address and/or Phone - RCW 42.56.350(2), 1 instance Page 3, DOH Licensee Health Professional Home Address and/or Phone - RCW 42.56.350(2), 1 instance Page 4, Healthcare Information Readily Identifiable to a Person - RCW 42.56.360(2), RCW 70.02.020(1), RCW 42.56.070(1), 2 instances Page 1